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Do undocumented years spent in the UK count towards ILR?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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mmoss94
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Joined: Sat Sep 10, 2022 5:50 pm
United States of America

Do undocumented years spent in the UK count towards ILR?

Post by mmoss94 » Sat Sep 10, 2022 6:01 pm

Hello :)

I am originally from America. I moved to the UK when I was 14 on a tier 2 visa (My mother had a work visa).
I am now 27 and I am married to a British citizen, we have 3 children (aged 10, 5, and 2). I also do not qualify to pass my US citizenship to my children.
I was left undocumented for a number of years, from December 2012 to April 2017.
I am currently on a 10-year route spouse visa which was first granted to me in April 2017. So, I have been on this current visa for 5 years.
I was reading the qualifications for applying for ILR on my spouse visa. It states time spent on other visas, or time in the UK can count towards the 10-year time requirement for ILR.
So, my question is, can I count the time I was on my original visa and the time spent undocumented as the time I have spent in the UK? This would mean I have been in the UK for almost 13 years.
Or do I have to start the clock from April 2017?

Thank you.

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CR001
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Re: Do undocumented years spent in the UK count towards ILR?

Post by CR001 » Sat Sep 10, 2022 6:18 pm

Time spent in the UK with legal visa status does NOT count. For ILR based on 10 years long residence, you requirement 10 years of legal stay/residence.

Your time starts from April 2017.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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